Concluding Observations Education – Matrix

CONCLUDING OBSERVATIONS ON EDUCATION PUBLISHED BY CRC, CESCR, ACERWC, ACHPR & UPR

• Treaty
  International Covenant on Economic Social and Cultural Rights (ICESCR)
• Treaty Body/Committee
  Committee on Economic, Social & Cultural Rights (CESCR)
• Periodic Report
  2nd to 5th periodic reports
• Dates Reviewed
  25th – 26th Feb 2016
• Alternative Reports
• Link to the Cos & Date of publication
  4th March 2016 https://bit.ly/2QHDb6M
• Concern
  57. The Committee is concerned that the State party has not dedicated sufficient resources to finance school facilities and qualified teachers, to ensure effective enjoyment of the right to free primary education for all. It is also concerned that inadequacies in the public schooling system have led to the proliferation of so-called “low-cost private schools” which has led to segregation or discriminatory access to education particularly for disadvantaged and marginalized children, including children living in informal settlements and arid and semi-arid areas (arts. 13 and 14).

  59. While noting the measures taken to assist children who left school to continue to study, the Committee reiterates its concern at the large number of children dropping out of school, particularly girls due to early marriage and pregnancy (arts. 13 and 14).
• Recommendation
  58. Recalling that the State has the primary responsibility in ensuring to right to education, the Committee recommends that the State party take all necessary measures to strengthen its public education sector. The State party should increase the budgetary allocation to primary education and take all necessary measures to improve the access to and quality of primary education for all without hidden costs, particularly for children living in informal settlements and arid and semi-arid areas. It also recommends that the State party bring the Registration Guidelines for Alternative Provision of Basic Education and Training in line with Articles 13 and 14 of the Covenant and other relevant international standards; that it ensures that all schools, public, private, formal or non-formal, are registered; and that it monitor their compliance with the guidelines.

  60. The Committee recommends that the State party take the necessary measures to address the root causes of school drop-out and intensify its efforts to prevent students from dropping out of school and to bring those children who drop out of school back to school to complete their education.

  63. The Committee encourages the State party to ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.
• Next periodic Report Due Date
  6th Periodic Report due on 31st March 2021

• Treaty
  United Nations Convention on the Rights of the Child (UNCRC)
• Treaty Body/Committee
  Committee on the Rights of the Child (CRC)
• Periodic Report
  3rd -5th Periodic report
• Dates Reviewed
  21st January 2016
• Alternative Reports
• Link to the Cos & Date of publication
  21st March 2016
• Concern
  57 (a).The very low school enrolment and completion rates in the arid and semi-arid areas and in urban informal settlements, as well as the low retention rate of teachers in these areas which undermines the quality of education;

  57 (b). Higher barriers faced by girls, compared to boys, in obtaining education, due to heavy domestic workloads, adolescent marriages and pregnancies, and negative societal attitudes towards the importance of educating the girl child, as well as unaffordable menstrual protection and sanitary wear and the lack of sanitation facilities in schools;

  57 (c). The Basic Education Act (2013) allowing schools to charge tuition fees to non-Kenyan citizens

  57 (d). The low quality of education, and the rapid increase in private and informal schools, including those funded by foreign development aid, providing substandard education and deepening inequalities.
• Recommendation
  58 (a). Prioritize the elimination of geographical and gender disparities through targeted programmes and resource allocations that improve primary access, completion rates, retention, and transition to secondary school;

  58 (c). Address the root causes of the low educational attainment of girls, including stereotypes that are discriminatory against girls, and harmful practices.

  58 (b). Guarantee the legal right to free compulsory education for all, without direct or hidden costs, including for non-Kenyan citizens such as, in particular, refugee children.

  58 (b). Prioritize the provision of quality, free primary education at public schools over the provision of education at private schools, including informal low-cost schools, and regulate and monitor the quality of education provided by private schools in line with the Convention

  77. The Committee recommends that the State party, in order to further strengthen the fulfilment of children’s rights, ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
• Next periodic Report Due Date
  6th & 7th Periodic Report due on 1st September 2021

• Treaty
  African Charter on the Rights and Welfare of the Child (ACERWC)
• Treaty Body/Committee
  African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
• Periodic Report
  1st Periodic report
• Dates Reviewed
  2014
• Alternative Reports
• Link to the Cos & Date of publication
  2014
• Concern
  41. While the Committee appreciates the Special Needs Education (SNE) policy framework for the education of children with disabilities, it has earnest concern about children with disabilities and their access to education.

  42. The Committee has concerns about the 1.5 million children who are not in school despite the opportunity provided by the government by providing free primary education and increasing budgetary allocation to education.

  43. The Committee also has concern about the quality of education, the high teacher-pupil ratio which affects the quality of education; and the high disparity of quality of education between private and public schools.
• Recommendation
  41. The Committee urges the State Party to ensure access to education for children with disabilities and to realize inclusive education. In order to achieve inclusive education, the government needs to train teachers in special needs education, provide and improve basic infrastructure suitable to children with disabilities and prepare teaching materials which can be utilized by children with disabilities.

  42. The Committee thus calls on the State Party to bring children to school by addressing the causes of their non-attendance. The State Party needs to adopt a non-discriminatory and inclusive approach which enables children not registered, stateless children and abandoned children to have effective access to education. The education system should further accommodate girls who get pregnant while they are in school.

  43. The Committee therefore calls the State Party to improve the quality of education, especially in public schools, taking into account the desired learning outcomes. The Committee suggests that a code of conduct for teachers be adopted to ensure non-absenteeism, high ethics and professionalism and recommends an intensive teachers training and recruitment. The Committee further recommends close monitoring of private education, as well as an ongoing assessment of the impact of privatization. Minimum standards should be set for all education institutions. The government should also monitor pre-schooling so that it is not solely left to the private sector.
• Next periodic Report Due Date
  6th & 7th Periodic Report due on 1st September 2021

• Treaty
  African Charter on the Human and Peoples Rights (ACHPR)
• Treaty Body/Committee
  African Commission on the Human and Peoples Rights (ACHPR)
• Periodic Report
  8th – 11th periodic reports
• Dates Reviewed
  August 2015
• Alternative Reports
• Link to the Cos & Date of publication
  4th -18th November 2015
  CO adopted Feb, 2016
• Concern
  37. Lack of monitoring and effective regulation of private school chains, such as Bridge International Academies that register as non-formal schools, whereas they appear to offer formal education.
• Recommendation
  53. Kenya should ensure monitoring of Bridge International Academies regarding their system and methods of education.
• Next periodic Report Due Date

• Treaty
  Universal Periodic review (UPR)
• Treaty Body/Committee
  Universal periodic review (UPR)
• Periodic Report
  2nd Review
• Dates Reviewed
• Alternative Reports
• Link to the Cos & Date of publication
  January, 2015
• Concern
• Recommendation
  142.32. Continue implementation of national programmes in the sphere of education and health care.

  142.170. Continue to prioritize resources to equip its young people with the necessary education and skills to thrive in the global economy (Singapore);

  142.171. Consider taking measures to increase the access of low-income children to education (Trinidad and Tobago);

  142.172. Consider taking steps to increase opportunities to access higher education (Trinidad and Tobago);

  142.173. Diligently work towards achieving its noble target to ensure free primary and secondary education schooling (Zimbabwe);

  142.174. Further increase initiatives for the promotion of the right to education, especially for vulnerable children (Armenia);

  142.175. Continue efforts aimed at enhancing the realization of the right to education and improving its quality (Egypt);
• Next periodic Report Due Date
  Report: October, 2019 (tentative)
  To be considered: Jan-Feb 2020